Questions Answered by Jennifer Sheila Kornblum
Q: My neighbor would like to change our property line (which is odd). We are in agreement. What steps need to be taken?
You should have a surveyor prepare the new legal descriptions of both properties. Then a deed needs to be prepared transferring the parcel being transferred. A lawyer can do that. But start with a surveyor.
Q: Can an apartment complex make me purchase their limited liability policy and refuse mine through Statefarm?
New ownership company and upon receiving my lease renewal letter, they state I'm going to be automatically enrolled in their limited liability policy for $9.75 a month and that I can cancel my policy through Statefarm. I'm in property management, and I'm not sure they can legally do this. My... Read more »
The answer to this question lies in the language in your lease. Check the paragraph about insurance. It will control your responsibilities and obligations.
Q: We bought a house in Oct of 2018. The seller paid the taxes for 2018 and then our lending co. paid it again. County sent
the check back to us, lending co. told us to send it bck to them. They sent it to the new lending co. & now they sent it to county again. We are told that they are keeping it until 2020 & then will do analysis. Shouldn't we get this $ back now?
It sounds like your real estate taxes are rolled into your mortgage payments. Usually at closing taxes are prorated between buyer and seller for the year. If the county was paid twice, the overpayment goes to the mortgage lender. The lender usually re-analyzes the tax and insurance amount once each... Read more »
Q: Can the property owner of my house give me a same day eviction by text message?
I am the previous owner of the property. It sold at foreclosure auction on 9/11/18. The current owner agreed to let me rent the property until 3/15/19. My son took his own life 10/26/18, & my granddaughter passed away 12/6/18. The expense of 2 funerals in just over a month caused me a major... Read more »
Your rental agreement should protect you - particularly if it is i writing. And more than one days' notice is required for any eviction.
Q: Abstract 1948 begins having verbage "except road right of way", No amount specified. How do I find the distance allow
In the abstract there is nothing regarding road right of way until this time. Abstract dates from 1859. There is no amount listed as to what the road right of way is. How do I find out what is allowable as the county is starting to encroach upon my fenced property with their road. Is there a... Read more »
I am not aware of a state statute that defines the width of roadways, but some counties have such ordinances. Your best bet is to search the ordinances in your particular county, which can be done online.
Q: What is the amount of time a tenant has to move when a house changes ownership and their rent is up to date?
Generally speaking, a landlord - even a new owner - has to give 30 days' written notice to terminate a lease. Your lease may have other provisions. If you don't have a lease, it is 30 days, and the notice should be in writing.
Q: Filing a show-cause order on previous owner to answer why they should not pay repairs they knew existed
Seller stated new roof complete new roof 5 years ago Roof has got rotten spots in the plywood bathroom floors got rotten spots in the plywood around the toilet and the tub seller's installed ceramic tiles over to cover it up painted the ceiling is kills Staind blocker and smell blocker I like to... Read more »
As the petitioner, you are correct that you will have the burden of proving sellers knew about these conditions. This can be shown in many ways: repairs done, older photographs, statements by neighbors, etc. The burden is by a preponderance of the evidence, so more likely true than not.
Q: If a trees trunk is partially on my neighbors property ( maybe 20% of trunks diameter) is it jointly owned? in Missouri
Yes.
Q: If an individual acquires property by fraud and the real owner was unable to locate or recover who is the true owner
The father was a cpa but the son put the property in his name using a poa assigned to the father. Unknown for some time and while trying to locate the cpa not realizing it was taken the same day of the assigned poa. True owner receiving 3266.00 through a 3 yr period for 166 acres of prime resort... Read more »
If the son had the father's power of attorney, son had a fiduciary duty to act in father's best interest. Questions like this usually come down to what is provable in court and the credibility of the witnesses.
Q: Hello I have been living in a rental house for 9 months paying $895. I ran into a situation to where our basement
Our basement has been backing up for 6 months as of November. Leasing company has sent the county to dig they did that left a mound of dirt in the front of the house then the plumbers came and tore up the basement floor to fix the inside issue but they left knee side of our basement floor open for... Read more »
The first thing to do is contact the landlord IN WRITING. Describe the situation and give them a deadline to fix it. No rent after that date until it is fixed. Hopefully that will get them moving faster to get the situation fixed.
Q: I bought a house that has mold owner didn't disclose it mold is found where owner done previous repairs 2 the ceiling
Previous owner bought the house brand new only one that lived there he did some repairs to the ceiling didn't disclose it on the disclosure he disclosed that there's a new roof put on it where he repaired the ceiling I found mold previous owners live there for 19 years I live across the street from... Read more »
The seller has a duty to disclose any condition they are aware of. In court, however, you will have the burden of proving that the seller was aware of the mold issue.
Q: Is there a contract cancellation right or time frame for a seller in a real estate contract
Also if the deed description (boundaries) are different than survey, which is accurate and legal. If there is a boundary dispute by 3rd party can this contract be cancelled.
The contract itself will provide the cancellation time frame. If it is the Missouri Association of Realtors form contract the time for cancellation is definitely included in the contract. As for boundary disputes and other issues that arise, the contract should also provide what happens if a party... Read more »
Q: Hello. Is the first service attempt allowed to be at Defendants' place of employment instead of their residence?
Service for previous matters at the Defendants residence has proven impossible.
Service at a place of business is fine.
Q: Does my husband & I have any rights on a house that we have made payments on but not purchased by us?
Daughter & husband purchased home but basically have left.
I say sell as is but my husband wants to fix up & sell. It is going to take some money to fix up. Daughter & husband will sign papers.
If your daughter and her husband are cooperative, they can sign a Quitclaim Deed transferring their interest in the property to you and your husband. You will need to record the deed when it has been signed and notarized.
Q: What if my mom gave me her house, after two years changed her mind, went to court and filed a false affidavit to sue me?
We had a verbal agreement that the entire family is aware of. The house still has a mortgage and I have been paying it. What can I do?
Unfortunately, an agreement concerning the transfer of real estate must be in writing in order to be enforceable.
Q: Is there a definition or list of what’s normal wear and tear and what’s beyond normal wear and tear
What constitutes normal wear and tear is generally determined on a case-by-case basis by the landlord and tenant. I am not aware of any list. If you dispute a landlord's charge on this basis, you should put your dispute in writing to the landlord and try to reach a compromise.
Q: I am about to purchase a condo and the ceiling is bowing and about to cave in. Who is responsible for the repairs?
Is the previous owner, the buyer or the HOA responsible for the repairs.
If your purchase hasn't closed yet, your purchase contract will have a provision that determines who is responsible for repairs.
Q: I just bought a house in O Fallon MO and had had my 1st rain and basement was flooded with mud. Can you sue prior owner
Can you sue prior owner for non disclosure?
If you have evidence that the prior owner knew of the basement issues you can file suit for failure to disclose. Keep in mind that as the person bringing suit you will have the burden of proving their prior knowledge.
Q: How do I put my name on the deed to a property when the owner is deceased? This is in Missouri I’m from Kansas
My dad died over a year ago.
My stepmom just died.
The property is still in his name.
She has other children from before
Generally, your father's and stepmother's wills will dictate how the property is transferred. They may also have had a Beneficiary Deed which directed who would own the property after they died. If none of these things is in place, transfer of the property will have to go through the probate court.
Q: my mother passed away may 2017. her primary residence is part of her trust and there are no mortgages or liens. can
the executor sell the house to the neighbors with a simple sale and transfer of title?
The residence in the trust can be sold by the trustee of the trust. But keep in mind that any transaction involving real estate needs to be in writing, so you should have a purchase/sale contract in addition to deed transferring title.
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